December 2, 2008
Mens Rea Requirement in 21 USC 841(c)(2)
Here's an interesting one. This statute provides in pertinent part:
Any person who knowingly or intentionally...
(2) possesses or distributes a listed chemical knowing, or having reasonable cause to believe, that the listed chemical will be used to manufacture a controlled substance except as authorized by this title...
shall be fined in accordance with Title 18, or imprisoned...
There's a split on whether the defendant must subjectively know that the drugs he possesses will be used to make a controlled substance, or whether he has subjective knowledge or "cause to believe." See U.S. v. Khattab __ F.3d __, 2008 WL 2971808 (7th Cir. Aug. 5, 2008) (discussing split). It seems to me pretty clear that either is enough, but the 10th circuit requires "actual knowledge, or something close to" it. Am I missing something?
December 2, 2008 | Permalink
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